Davenport

Avemco Insurance Company (Avemco) issued an insurance policy covering William Davenport’s home-built experimental aircraft. After Davenport’s aircraft crashed on May 7, 1995, Avemco sought a declaration from the district court that, because Davenport had not complied with the terms of the policy, Avemco had no duty to defend or indemnify Davenport for any claims arising from the accident. The district court granted summary judgment in Avemco’s favor, and Davenport now appeals. We affirm.

I.

Davenport, an experienced pilot and builder of experimental aircraft, holds a private pilot certificate and a repairman’s certificate issued by the Federal Aviation Administration (FAA). Prior to the events giving rise to this ease, Davenport built a “VariEze” aircraft from plans he purchased from Rutan Aircraft. Davenport eventually sold the VariEze and began building a second aircraft in 1992. The second plane was built largely from Rutan Aircraft’s “Long EZ” plans. Because Davenport made several modifications to these plans, he refers to his hybrid design as the “Davenport Long EZ.”

In September 1994, Davenport purchased an amateur-built aircraft insurance policy from Avemco, which…